SC orders status quo on eviction notices sent by BMC to safai karmacharis

Talking about the Supreme Court order, Govindbhai Parmar, all-India president of the Akhil Bhartiya Safai Mazdoor Congress (ABSMC) said, “The BMC, in order to benefit builders, does not want to give permanent houses to conservancy workers in accordance with the law

Mumbai: In a temporary relief to BMC conservancy workers, the Supreme Court has ordered the civic body and the Maharashtra government to maintain status quo in a matter pertaining to conservancy workers’ housing. The workers have been demanding ownership houses as per a government resolution (GR) issued by the government in 1985.

The workers claimed that the BMC, far from giving them ownership of the houses as recommended by two committees and the government’s own GRs, has now been sending them eviction notices to redevelop the buildings. (Bhushan Koyande/HT Photo)

The conservancy workers or safai karmacharis live in BMC colonies across the city. Their right to residence is tied to their jobs, which is why generations have remained in this line of work in order to get a roof over their head. The workers claimed that the BMC, far from giving them ownership of the houses as recommended by two committees and the government’s own GRs, has now been sending them eviction notices to redevelop the buildings.

The BMC proposes to redevelop the colonies under its Ashray Yojana, where the houses continue to be allotted as long as at least one member of a family has a job in the solid waste management (SWM) department. The workers’ union has objected to this and held various protests to demand ownership flats as per the circular issued by the Maharashtra government in 1985, the GR issued in 1987 based on the recommendations of the Lad Page Committee report and the recommendations of the National Commission for Safai Karmacharis.

Talking about the Supreme Court order, Govindbhai Parmar, all-India president of the Akhil Bhartiya Safai Mazdoor Congress (ABSMC) said, “The BMC, in order to benefit builders, does not want to give permanent houses to conservancy workers in accordance with the law. The Lad Page committee clearly recommends that workers who have 35 or more years of service should be given ownership of their living quarters but the BMC is not following this.”

The ABSMC, in its petition, has challenged the proposed redevelopment of BMC staff colonies occupied by about 5,592 conservancy workers. “This redevelopment of 30 out of 49 colonies… is being implemented allegedly under the Ashraya Yojana, the scheme details of which have not been provided to the safai karmacharis,” states the petition, adding that the BMC is refusing to take cognisance of the government’s GRs.

“Several of these GRs have been issued based on the recommendations of expert committees to improve the living and working conditions of those traditionally engaged in conservancy work, normally undertaken by those belonging to the Dalit community,” states the petition, adding that the denial of housing rights to them has ensured that they remain sanitation workers for a roof over their heads. It alleges that the BMC is doing this to permanently tie the workers to this occupation.

Manisha Lalit Khakhadiya, a BMC conservancy worker living at Walpkhadi Colony at Sandhurst Road, said that families had been living there for nearly 100 years. “During the British rule, our forefathers came from Gujarat and were employed as sweepers,” she said. “They were allowed to stay on only if they worked as sweepers. Hence, a significant number of families here have been sweepers or conservancy workers for generations.”

The BMC, in its response to the Bombay high court, had said that there was no provision under the Mumbai Municipal Act to give ownership of the houses to workers, and that the civic body was already struggling with a space crunch to house its employees. “There are about 29,618 employees working with the SWM department,” states the response, adding that of these, approximately 6,500 employees have been allotted service quarters, whereas the BMC wanted to create more houses through redevelopment and make available quarters to 29,618 conservancy workers.

After the high court order, which put a stay on eviction till August 31, the petitioners moved the Supreme Court. On August 29, the SC said, “The status quo, existing as of today, to continue till the next date of hearing.”

BMC Commissioner Iqbal Chahal refused to comment on the matter.